A CENTER FOR AMERICAN PROGRESS AND LEGAL PROGRESS GRAPHIC An easy guide to federal judicial nominations 9 steps from vacancy to confirmation Every day federal judges make decisions that affect our lives. Not only do they hear cases impacting the environment, health care, Social Security benefits, and immigration, for example, but they often have the final say in determining who we can marry, whether our speech is protected, or how we can vote. Despite these important decisions, most Americans don’t know how or why a judge is chosen. Under the Constitution, the president nominates federal judges by and with the advice and consent of the Senate. Our simple step-by-step guide illustrates the process.

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Judges often give advance The White House consults The White House conducts a The Senate Judiciary notice of up to one year with home state senators, thorough vetting of the Committee sends blue before a vacancy occurs in a often soliciting their candidate, considers their slips—requests for approval federal district court or recommendations, to American Bar Association on light blue paper—to each circuit court of appeals. identify candidates to fill rating, and announces their home state senator to indicate the vacancy. nomination. support for the nominee.

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The Senate votes and The Senate majority leader A majority of the Senate After blue slips are returned in the nominee is schedules a full vote in the Judiciary Committee votes favor of the nominee, the chair of confirmed with a U.S. Senate. to move the nominee the Senate Judiciary Committee majority vote. forward. schedules a committee hearing where members are able to debate the candidate’s qualifications. 9

POTENTIAL ROADBLOCKS The above process assumes there are no procedural roadblocks to an appointment. This process can be affected by partisanship and can be delayed indefinitely.

Home state Home state Members of the Senators can After a floor vote senators fail to senators fail Senate Judiciary block the Senate is scheduled, recommend a to return the blue Committee can majority leader members of the The president signs the candidate slip or disapprove delay the from promptly Senate can filibuster, judge’s commission and to the president. of the nominee. committee vote. scheduling a full requiring a begins their lifetime Senate vote. supermajority appointment to the of 60 votes. federal bench.

Sources: Jeremy Paris. Interview with author, October 23, 2012. Email.; “Judicial Nominations and Con rmations,” available at http://www.judiciary.senate.gov/nominations/judicial.cfm (last accessed October 2012); and American Bar Association, “Standing Committee on the Federal Judiciary: What It Is and How It Works” (2009).